Back / lumbar spine decisions — 2014

The Board found that the Veteran's current low back disorder is not related to his military service and denied his claim for service connection.

The Veteran's back disability is manifested by subjective complaints of pain and decreased range of motion. The Veteran does not have ankylosis of the thoracolumbar spine and has not experienced incapacitating episodes, thus his claim for a higher rating is denied.

The Veteran's appeal includes multiple issues related to his hearing loss, gastrointestinal conditions, knee and elbow disabilities, as well as secondary service connection claims. The case is being remanded for a Travel Board hearing and issuance of a Statement of the Case on severance of service connection for hearing loss and secondary service connection for low back, right hip, and left hip disabilities.

The Board found that the Veteran did not have hypertension in service or within one year of separation, and thus denied his claim for service connection. The issue regarding a back disability was withdrawn by the Veteran.

The Board has denied the Veteran's claims for service connection for various conditions, including acid reflux, back disability, fibromyalgia, sinus condition, hearing loss, blurring in both eyes, sleep apnea, acquired psychiatric condition (PTSD, depression, anxiety), cartilage loss in both knees, gout in ankles and feet, and chronic left ankle fracture. The Board found that the evidence did not support a service connection for these conditions.

The Board denied the Veteran's claims of service connection for a low back disorder and diabetes mellitus, finding that there was no evidence to support these conditions were incurred or aggravated by his military service.

The Board has remanded the case due to incomplete factual premises and inextricably intertwined claims for GERD, sinusitis, and chronic cough. A new examination is needed for the low back disability claim, and adjudication of GERD and sinusitis claims must be deferred.

The Veteran received increased ratings for his peripheral neuropathy and had his claim to reopen a low back disability granted, though the final determination on this aspect remains unclear.

The Board found that the reduction in the rating for service-connected thoracolumbar strain with spondylosis and right lower extremity sciatica was improper and void ab initio, restoring the previous 40 percent rating effective October 1, 2010. The Veteran's claim for a higher rating remains pending.

The Veteran's appeal involves multiple secondary service connection claims for various disabilities, including Hodgkin's lymphoma and its complications. The Board has determined that further development is needed to address the exposure basis of these claims.

The Veteran's appeal is being remanded for a video conference hearing. The current disability rating for his low back disorder remains at 20 percent.

The Veteran's claim for a higher rating for his service-connected low back disability is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a new VA examination.

The Board has remanded the Veteran's claim of entitlement to service connection for low back disability, to include as secondary to service-connected disabilities due to a lack of compliance with previous remand directives and incomplete evidence. The case is now returned to the RO for further development.

The Board denied the Veteran's claims for earlier effective dates for a 60 percent rating for residuals of a lumbar spine injury and for TDIU, finding that it was not factually ascertainable that the disability warranted such ratings prior to October 4, 2001.

The Board has remanded the case for further development, including obtaining records of a reported motor vehicle accident and treatment in service. The Veteran's claim remains pending.

The Board has determined that the Veteran's back disability, including residuals of a compression fracture at L3-L5, is service-connected as it was aggravated by his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical examinations and opinions to address the issues of service connection for lumbar strain with sciatica, hiatal hernia, bulimia, and gastroesophageal reflux disease (GERD) as secondary to his service-connected conditions.

The Board has determined that the Veteran's low back disability is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case due to unavailability of service treatment records and failure to obtain medical records from Dr. Thomas Bolt, MD.

The Veteran's claims for increased evaluations for lumbosacral strain and associated radiculopathy were denied. The Board found that the evidence did not demonstrate severe postoperative residuals beyond September 1, 2008.